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Father's Rights for 6month old?

Me and My husband are seperated but not legally. I live in NC , he lives in GA since JAN and went to jail in May but just got out in JULY. We had a child in FEB he stayed with me in the hospital and one night at home before going back to GA. Since he has been out in JULY for the month of JULY he seen her 2 times and one time was 1 hr the other was 1.5 hrs and AUG he has yet to see. I get a TANF check for her till NOV but he dont pay c/s . He has bought her less than 100.00 worth of stuff in her life. He only calls once a week if that . She has never been away from me more than 4 hours for me to go to town or so only 4 times has she even been away from me at all.

Does he have the right to come get her and take her to GA?

4 Answers

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  • 1 decade ago
    Favorite Answer

    does the baby have his last name if not then it would be kid napping/ but the father has no right to take the baby out of state

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    Lv 5
    1 decade ago

    To be brutally honest, if he were to pick her up and go to GA, he would have the law on his side. It may not be right, but if there is no custody arrangement on file with the courts, and you are still legally married, there is nothing keeping him from doing so.

    I would suggest to go to the court house, file for divorce, if that is your intention, and at the same time, submit a parenting plan to be approved by the court. You can get a waiver for the filing fees at the same time you go to file, and it will save quite a bit of frustration, fear and heart ache for the future.

    Take care, I wish you luck.

    Source(s): Personal experience
  • 1 decade ago

    Pay attention to first answer

    Get a binding legal agreement ASAP

    U do NOT want him taking your baby!

    Guys like him sometimes use their babies as pawns and bargaining chips. They do not really love the child, but want to get back at mom, or just plain have control over someone else's life.

    Get custody rights in writing!

  • 1 decade ago

    Yes... he does. Largely because you do not have a court-sanctioned custody agreement in place. From a legal standpoint, she is as much his daughter as she is yours.

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